Senate Bill S3320

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3320

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Crime Victims,  Crime
  and Correction

AN  ACT  to  amend  the  executive law, in relation to including certain
  information regarding abuse by victims of crime  in  determination  of
  minimum period of incarceration

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1  of  section  259-i  of  the
executive  law,  as added by chapter 904 of the laws of 1977, is amended
to read as follows:
  (a) In any case where a person is received in an institution under the
jurisdiction of the department of correctional services with an indeter-
minate sentence, and the court has not fixed a minimum period of  impri-
sonment,  the board shall cause to be brought before one or more members
in accordance with the rules of the board within one hundred twenty days
from the date on which such person is received in an  institution  under
the  jurisdiction of the department of correctional services pursuant to
such sentence or as soon thereafter as practicable, all information with
regard to such persons referred to in subdivision three of  section  two
hundred  fifty-nine-c  of  this article. The member or members receiving
such information shall study the same and shall personally interview the
sentenced person. Upon conclusion of the interview, he  shall  determine
the  minimum period of imprisonment to be served prior to parole consid-
eration in accordance with the guidelines adopted pursuant  to  subdivi-
sion  four  of  section  two  hundred fifty-nine-c of this article. Such
guidelines shall include (i) the seriousness of  the  offense  with  due
consideration  to the type of sentence, length of sentence and recommen-
dations of the sentencing court, the district attorney, the attorney for
the inmate, the pre-sentence probation report as well  as  consideration
of  any  mitigating  and  aggravating  factors,  INCLUDING  A HISTORY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09277-01-9
              

S. 3320                             2

VIOLENCE OR ABUSE DIRECTED AT THE SENTENCED PERSON BY THE VICTIM OF  THE
OFFENSE,  and  activities following arrest and prior to confinement; and
(ii)  prior  criminal  record,  including  the  nature  and  pattern  of
offenses, adjustment to any previous probation or parole supervision and
institutional  confinement. Such determination shall have the same force
and effect as a minimum period fixed by a court, except that  the  board
may provide by rule for the making of subsequent determinations reducing
such  minimum  period  which shall not be reduced to less than one year.
Notification of such determination and of any subsequent  determinations
and  of  the  reasons  therefor  shall  be  furnished  in writing to the
sentenced person and to the person in charge of the institution as  soon
as practicable. Such reasons shall be given in detail and not in conclu-
sory terms.
  S 2. This act shall take effect immediately.